( 1 ) THIS revision is filed by the petitioner/accused under S. 397, Cr. P. C. being aggrieved by the order passed by the learned Magistrate in recalling the order of dismissal of the complaint and discharge of the accused which was passed on 25-9-2000.

( 2 ) THE brief facts leading to this revision are that a private complaint has been filed against the petitioner before the IV Addl. Chief Metropolitan Magistrate, Bangalore, which was registered in C. C. 8351/98 (PCR 327/98) on 21-9-1998 for the alleged offences under Sections 406, 423, 420 and 506 of IPC. After perusal of the complaint and on the submission of the counsel for the complainant, the Magistrate directed the officer to register the case as a PCR and post the matter for orders on 6-10-1998 by his order dated 24-9-1998. Later by order dated 28-7-1999 the IV ACMM directed to register the case for offences punishable under ss. 420, 423 and 506, IPC, and posted for evidence before charge. However, it is seen that as per the copy of the order sheet produced on 25-9-2000 the matter was taken up by the Court wherein it is noted that the complainant and his counsel were absent; stating that the presence of the